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Third Constitution of the Soviet Federation
Preamble - Ideological Statement "We, the vanguard for socialism, will smash oppression. NOT ONE STEP BACKWARDS." Section 1: The Federation Article 1.1 - Our Claim The Federation hereby affirms its inalienable, indeasible, and sovereign right to choose its own form of governance, to determine its collected relations with other Federations, and to develop its life, political, economic and cultural, in accordance with its own genius and traditions. Article 1.2 - Law All powers of Government derive from the members of the Federation whose right it is to designate the rulers of the Federation. ANY bill or motion MUST be voted on by the membership for it to become law and EVERY member MUST abide by COMMON LAW. Article 1.3 - Citizenship All peoples that have either been born into or joined the Federation through the unity of member states has the right to be called a federation citizen in accordance with individual national law and customs, and along with individual national identity. Section 2: The Premier Article 2.1 - Electoral System The Premier shall be elected by direct vote of the people. Every member has the right to vote. The Premier shall be elected through the electoral system of Tier Run off system. Article 2.2 - Executive Terms The Premier shall hold office for terms decided by the members of the federation, unless before the expiration of that period he resigns, or is removed from office, or becomes permanently incapacitated or inactive, such incapacity being estiblished only to the Satisfaction and power of the Soviet membership. Article 2.3 - Re-election The Premier who holds the office shall be eligible for re-election to that office an unlimited amount of times. The election for the office of Premier shall be held no later than the last month of the year in which his/her term of office and parliament expires. Article 2.4 - Soviet Parliamentary Sessions The Premier may call Soviet Parliamentary Sessions at his discretion and it is up to the discretion of the members to attend. Article 2.5 - Electoral Eligibility Any member of the Soviet Federation has to right to run for Premier. Article 2.6 - Election Procedure General Elections will be formally carried out by the Supreme Court. General Elections will be conducted through in-game messaging to the designated Supreme Court Judge. Article 2.7 - Impeachment A Premier may be Impeached for misconduct and misuse of the constitutional powers granted to him by popular vote of the members. A TWO THIRDS majority by the members must be in favour to dismiss the Premier. The vote MUST be recognised by the ENTIRE Supreme Court. This process MAY ALSO be applied to any member of the Cabinet, in which in the case of dismissal the Premier is entitled to appoint another capable member to that poisiton. Article 2.8 - Emergency Powers Emergency powers may be granted to the Premier on the consent of the Membership in the case of an international emergency where the Federation finds itself constrained. The Premier may call for an Emergency powers vote known as an Emergency Powers Act, but must explain why it is needed. Any member may also call for the emergency powers to be granted. A total of a two-thirds majority is needed for the Premier to obtain these emergency powers and the vote MUST be recognised by the Supreme Court. The emergency powers grant the chair the power to pass laws without the consent of the Council through Decree, in which all of the membership must abid by the Premier orders or risk a free vote of eviction. The Premier may not make any amendments to this Constitution while the Emergency Powers Act is in effect. The Premier shall not be accountable to the Soviet Supreme Court in the time that he or she has emergency powers granted upon them but may well be accountable to an Impeachment vote which may be initiated by the membership and which HAS to be recognised by the Supreme Court. General Elections will be held as per usual if these powers are still granted and if another new incumbent chair is selected, the powers will no longer apply to the office. Therefore if either the re-elected Premier or new Premier wishes to gain or regain the emergency powers with good reason provided, there must be a vote to decide whether the powers shall be granted. Article 2.9 - Premier and Cabinet The Cabinet or the Executive Committee can made up of various departments at the discretion of the Premier. The Premier may direct each member of the Cabinet in which the they must obey in the most productive and efficient way possible or risk being be replaced. Article 2.10 - Cabinet Patronage The Cabinet is composed of members appointed by the Premier. The Premier can hold another position in the Cabinet in the event that a particular position is vacant. The Premier may dismiss or appoint new members to the Cabinet at his discretion. Article 2.11 - Departments The Premier can create or dissolve any department, office and Federation-Minister at his discretion. Section 3: The Council Article 3.1 - Council and Laws The Council is the legislature of the Federation with the sole remit of proposing and passing bills through democratic vote, to become law in line with the constitution, for the betterment of the membership. The Supreme Court should be reviewing Soviet Common Laws passed by the council all the time to make sure they are constitutionally valid. Article 3.2 - Council membership The Council will consist of five members who are drawn from the membership. No councillor may be a member of the Supreme Court. Article 3.3 - Council Elections All councillors are be elected by the membership. Each member has 10 votes to which he can distribute in any way he or she wishes. The top five candidates with the most votes are selected for the council. Votes will be messaged via in-game private message to the designated Judge. Article 3.4 - Council Powers The council has the power to pass laws on the federations behalf on anything, as long as it does not clash with the constitution and they are democratically passed. Article 3.5 - Council limitations This constitution limits the power of the council. All laws passed must be in line with the constitution at the judgement of the Supreme Court. If an ordinary member wishes to propose a bill, change an existing law or wishes to have council vote devolved to a membership referendum then he must publicly propose as such a have the support of another member of the federation (a seconder). Through this way the entire membership may have a say and a vote on the matter at hand. Article 3.6 - Council ties In the event of a council tie whereby the vote is split 2-2 then the Premier has the authority to cast a tie-breaking vote to break the tie in either direction. Section 4: The Supreme Court See also: Soviet Supreme Court Article 4.1 - Judicial Rule The system by which serves justice in the Soviet Federation through a courts system is meant to be INDEPENDANT and NEUTRAL. Article 4.2 - Supreme Court The Judicial institution that deals with matters of INQUIRY and REVIEW are carried out by the Supreme Court. Article 4.3 - Judges and Judicial Selection The panel of the Soviet Supreme Court are a group of two Judges that are known as Supreme Court Judges and distribute Federation level justice. These Judges cannot be apart of any official political party or organization.These Judges are PERMANENT positions and may be held as long as nobody else wishes to run for the court, in which case then there is a special election were the two top candidates are selected for the court. All decisions made by the Supreme Court must be unanimous. Article 4.4 - Case Categories Cases that are brought to the Soviet Supreme Court can be classified into TWO categories of trial. The two classes are JUDICIAL REVIEWS and JUDICIAL INQUIRIES and they can be based on any sort of matter. A judicial review examines evidence but cannot call individuals as witnesses. No other except the judges may attend review proceedings. Judicial or Public Inquiries has the power to examine evidences and call witnesses to account for which is mandatory for the witnesses to attend. Any individual may watch an inquiry BUT are DISALLOWED from contributing to the proceedings if the individual has no legal obligation to be there. Article 4.5 - Head Judge The Judge that has been agreed upon by the panel to lead the case is known as the HEAD JUDGE and therefore his or her name will determine the title of either the review or inquiry, unless the panel decides to name it after another name that is relevant to the case. Article 4.6 - Premier's Inquiries The Premier reserves the power to call a Judicial Inquiry into any matter regarding anything that effects the Federation, but not a judicial review. Article 4.7 - Review Outcomes The outcome of a Judicial review will result in what is known as a Mandatory Review Report (MRR) that is published to the membership, entitled after the formal name of the case, the title Mandatory Review Report and accompanied with the year of publish. The mandatory review report can either result in the case being acquitted or being advanced into a judicial inquiry that can carry sentencing if required. Article 4.8 - Inquiry Outcomes The outcome of a Judicial Inquiry will result in what is known as a Mandatory Inquiry Report (MIR) that is published to the membership, entitled after the formal name of the case, the title Mandatory Inquiry Report and accompanied with the year of publish. The mandatory inquiry report can either result in the case being acquitted, sentencing for whatever party or individual involved according to the findings. Article 4.9 - Elections Elections for the premiership and for the council are conducted by a Judge. This Judge should volunteer. He/She will collect votes from all voters, manage the election (starting and ending), and announce the results promptly. Section 5: Members Rights Article 5.1 - Freedom of Speech All members of the Federation have the right to speak their mind on WHATEVER matter they choose. Article 5.2 - Fair process All members of the Federation are eligible for a fair trial without executive interference. Article 5.3 - National Discretion All members of the Federation have the right to manage their country in whatever way they see fit. Article 5.4 - Equality All member of the Federation are to be treated equally and fairly before the law and no privelege is to be given to any member. Section 6: Amendment Process Article 6.1 - Amendment Proposal To have an Amendment proposal considered, there must be one proposer and one seconder. Article 6.2 - Constitutional Convention A vote must be called in the event of a proposer and a seconder backing the proposal. A full federation vote must take place. A simple majority must be attained for the Amendment to pass. Article 6.3 - Implementation of the Amendment The responsibility for the implementation rests with the Judicial Branch. The Supreme Court as enforcer of both Constitutional Law and Common Law; must enforce the new Constitutional framework. e branch. Category:Soviet Federation